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DOD/DARC | RIN: 0750-AK95 | Publication ID: Fall 2021 |
Title: Requiring Data Other Than Certified Cost or Pricing Data (DFARS Case 2020-D008) | |
Abstract:
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement to implement section 803 of the National Defense Authorization Act for FY 2020. Section 803 amends 10 U.S.C. 2306a(d) to state that an offeror is ineligible for award if the contracting officer is unable to determine proposed prices are fair and reasonable by any other means, when an offeror fails to make a good faith effort to comply with a reasonable request to submit data, unless the Head of the Contracting Activity determines that it is in the best interest of the Government to make the award to that offeror. Section 803 also amends 10 U.S.C. 2306a(d) to state that contracting officers shall not determine the price of a contract or subcontract to be fair and reasonable based solely on historical prices paid by the Government. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 48 CFR 215 48 CFR 242 | |
Legal Authority: 41 U.S.C. 1303 Pub. L. 116-92, sec. 803 10 U.S.C. 2306a(d) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Jennifer Johnson Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060 Phone:571 372-6100 Email: jennifer.d.johnson1.civ@mail.mil |